Sec. 819. Requirements to identify and control emerging, foundational, and other critical technologies in export control regulations
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The President shall establish and, in coordination with the Secretary, the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the heads of other departments as appropriate, lead a regular, ongoing interagency process to identify the following: Emerging, foundational, or other critical technologies that are essential to the national security of the United States and that are not— identified in any list of items controlled for export under United States law or regulations; or hereafter separately identified in any law or regulation under the authority of a department or agency responsible for administering United States export controls.
Other technologies that are not identified in any list of items controlled for export under United States law or regulations that are essential to the national security of the United States. Subject to subsections
(c)and (d), the President shall require the relevant export control authority to publish proposed regulations for public comment, including, as appropriate, interim final rules, that would control such emerging, foundational, or other critical technologies identified pursuant to this subsection and control the release of each such technology to destinations, end uses, or end users as determined by the President. The interagency process required under subsection
(a)shall— be informed by multiple sources of information, including industry, academia, other open source and classified information and transactions reviewed by the Committee on Foreign Investment in the United States; take into account the foreign development or availability of such emerging, foundational, and other critical technologies and the impact the controls established in subsection
(c)may have on the development of the technology in the United States; and the Secretary, the Secretary of Defense, the Secretary of Energy, and the Secretary of State, and the heads of other departments as appropriate, shall consider relevant information provided by the Director of National Intelligence. The Secretary is authorized to establish controls, as appropriate, on technologies identified through the interagency process required under subsection
(a)and subject to the Export Administration Regulations, including by publishing additional regulations. The Secretary, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other departments as appropriate, is authorized to develop and apply levels of control, including the requirements for a license or other authorization, to export, reexport, or transfer such technologies. In developing and applying the levels of control for such technologies, the Secretary— shall take into account— whether a country is subject to a United States arms embargo or is otherwise subject to United States sanctions; potential end users and end uses; and the threat to the national security and foreign policy of the United States; shall, at a minimum, require a license to export, reexport, or transfer such technologies to a country that is subject to a comprehensive United States arms embargo; and may provide for appropriate license exceptions for the export, reexport, or transfer of such technologies. (B)(ii) For license applications submitted pursuant to subparagraph (B)(ii), the Secretary may, with respect to any joint venture, joint development agreement, or similar collaborative arrangement, require the applicant to identify, in addition to the foreign participant directly involved in the collaborative arrangement, any foreign person with significant ownership interest in the direct foreign participant. The procedures set forth in Executive Order 12981
(1995)(as amended) or any successor Executive order, shall apply to the review of applications for licenses to export, reexport, or transfer technologies identified through the interagency process required under subsection
(a)submitted to the Department of Commerce pursuant to paragraph (2). In addition to the procedures described in subparagraph (A), the review of applications for such licenses shall take into account information provided by the Director of National Intelligence regarding any threat to the national security of the United States posed by the proposed export, reexport, or transfer of such technologies. The Secretary of State, in consultation with the Secretary and the Secretary of Defense and heads of other departments as appropriate, shall propose to the relevant multilateral export control regimes in the following year that technologies identified through the interagency process required under subsection
(a)be added to the list of technologies controlled by such regimes. The Secretary, with respect to those items on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations, and in consultation with the Secretary of Defense and the Secretary of State, and the Secretary of State, with respect to those items on the United States Munitions List and in consultation with the Secretary of Defense and the heads of other departments as appropriate, shall determine whether national security concerns warrant continued unilateral export controls over technologies proposed for multilateral control under paragraph
(1)if the relevant multilateral export control regime does not agree to list such technologies on its control list within three years of a proposal by the United States. The Secretary, the Secretary of State, and the Secretary of Energy, as appropriate, shall submit to the Committee on Foreign Investment in the United States on a semiannual basis a report on updates of any key actions taken pursuant to this section. Nothing in this section should be construed to alter or limit— the authority of the President and the Secretary of State to designate those items that are considered to be defense articles or defense services for purposes of the Arms Export Control Act ( 22 U.S.C. 2751 et seq.) or any other relevant law, and to regulate such items; or the authority of the President under the Atomic Energy Act of 1954, the Nuclear Non-Proliferation Act of 1978, the Energy Reorganization Act of 1974, this title, or any other relevant law. It is the sense of the Congress that the President should request in the annual budget of the President submitted under section 1105(a) of title 31, United States Code, sufficient resources to enable the relevant departments and agencies to effectively implement this section.
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Sec. 819
Requirements to identify and control emerging, foundational, and other critical technologies in export control regulations
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